According to Radar Online, Humphries made the formal plea because Kayla Goldberg, the plaintiff, admittedly has no evidence to support her case. She reportedly made this apparent during a deposition.

"Kayla Goldberg admitted (among other things) that she has no evidence (1) Kris Humphries even has the herpes virus; (2) that Defendant knew or had any reason to believe he was infected with herpes at the time of sexual contact; (3) that Defendant was the cause of her herpes infection (as opposed to any of her past sexual partners," documents reportedly filed by Humphries' lawyers and obtained by the website said.

Humphries is asking for a summary judgment motion. If he gets his wish, the case will not see its scheduled court trial on Feb. 24. On Feb. 4, Judge Rafael Ongeko will decide whether or not Humphries will receive his continuance.

In 2012, Goldberg filed a lawsuit against Humphries claiming that he gave her herpes after the two had unprotected sex in a hotel room. According to the one-night stand, she was originally "free of any venereal diseases at the time she commenced her intimate relationship with Kris Humphries," but, in a turn of events, "developed symptoms of herpes about or around four to five days after the first sexual encounter with Humphries."

The 28-year-old basketball player reportedly took a blood test to prove that he was herpes-free.

"Kris knew there was no way he gave Kayla herpes, so he took a blood test to prove it," a Radar Online source said. "The results, filed as part of Kris' response to the lawsuit Kayla filed against him are under seal, but he was found negative for herpes, AIDS, or any other sexually transmitted disease."